ClickityHits.com Terms of Service

By using the ClickityHits search engine or other ClickityHits Services ("ClickityHits Website"), you agree to be bound by the following terms and conditions (the "Terms of Service").

Content Linked to by ClickityHits

The sites displayed as search results or linked to by ClickityHits Website are developed by people over whom ClickityHits exercises no control. The search results that appear from the ClickityHits indices are indexed by the ClickityHits automated machinery and computers, and then ClickityHits screens the sites before including them in the indices from which such automated search results are gathered. A search using ClickityHits Website may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a ClickityHits search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the ClickityHits Website.

Personal Use Only

The ClickityHits Website is made available for your personal, non-commercial use only. You may not use the ClickityHits Website to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales outside of the ClickityHits domain. You may not take the results from a ClickityHits search and reformat and display them, or mirror the ClickityHits home page or results pages on your Web site. You may not "meta-search" ClickityHits. If you want to make commercial use of the ClickityHits Website, you must enter into an agreement with ClickityHits to do so in advance.

If you are interested in adding a ClickityHits search box to your web site or your company's web site, we encourage you to do so.

No Automated Querying

You may not send automated queries of any sort to The ClickityHits system without express permission in advance from ClickityHits. Note that "sending automated queries" includes, among other things:

• using any software which sends queries to ClickityHits to determine how a website or webpage "ranks" on ClickityHits for various queries;
• "meta-searching" ClickityHits; and
• performing "offline" searches on ClickityHits.

Please do not write to ClickityHits to request permission to "meta-search" ClickityHits for a research project, as such requests will not be granted.

Changes In Terms and Conditions and ClickityHits Search Service

We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.

Intellectual Property Policy

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.

Disclaimer of Warranties

ClickityHits disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the CLICKITYHITS WEBSITE results. ClickityHits disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. ClickityHits disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the CLICKITYHITS WEBSITE.

THE CLICKITYHITS WEBSITE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE CLICKITYHITS WEBSITE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. CLICKITYHITS AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. CLICKITYHITS AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE CLICKITYHITS WEBSITE. CLICKITYHITS AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE CLICKITYHITS WEBSITE. CLICKITYHITS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE CLICKITYHITS WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE CLICKITYHITS WEBSITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE CLICKITYHITS WEBSITE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE CLICKITYHITS WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME PROVINCES, STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND/OR PROVINCE TO PROVINCE AND/OR JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL CLICKITYHITS OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE CLICKITYHITS WEBSITE. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF CLICKITYHITS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE CLICKITYHITS WEBSITE, FROM INABILITY TO USE THE CLICKITYHITS WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE CLICKITYHITS WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE CLICKITYHITS WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE CLICKITYHITS WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE CLICKITYHITS WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE CLICKITYHITS WEBSITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE CLICKITYHITS WEBSITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE CLICKITYHITS WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall ClickityHits or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Requests for Removal of Links or Cached Materials

ClickityHits occasionally receives requests from people to remove links from its indices. Although ClickityHits reserves the right to address such requests individually, the general approach that ClickityHits takes reflects the following principles:

The ClickityHits indices consist of information that has been identified, indexed and compiled through an automated process with minimal advance review by human beings. Given the enormous volume of web site information added, deleted, and changed on a frequent basis, ClickityHits cannot and does not screen anything made available through its indices. For each web site reflected in The ClickityHits indices, if either (i) a site owner restricts access to his or her web site or (ii) a site is taken down from the web, then, upon receipt of a request by the site owner or a third party in the second instance, ClickityHits would consider on a case-by-case basis requests to remove the link to that site from its indices. However, if the operator of the site does not take steps to prevent it, the automatic facilities used to create the indices are likely to find that site and index it again in a relatively short amount of time.

Miscellaneous Provisions

These Terms of Service will be governed by and construed in accordance with the laws of the Province of Alberta, without giving effect to its conflict of laws provisions or your actual state, province or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.